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Thodoris Chondrogiannos
Allegations of Arbitrary Detentions During Polytechnic Uprising Commemoration Protests
18 • 11 • 2024

On 17 November 2024, the news outlet 902.gr reported that multiple detentions took place in central Athens without clear justification. According to the report, these actions may have been intended to dissuade citizens from participating in the annual march commemorating the Polytechnic uprising. The conduct of the police authorities raises concerns about a potential breach of the legal framework governing the lawful operation of state institutions in protecting human rights, as well as a possible violation of the constitutionally protected right to peaceful assembly.

Where is the problem with the rule of law?

Under the rule of law, the actions and operations of police authorities must be governed by certain principles, including the principle of legality, the principle of proportionality, the prohibition of abuse of police power, and the respect for and protection of human rights. The powers of police authorities and the conduct they must observe in the exercise of their duties are regulated, among others, by Presidential Decrees 538/1989, 141/1991, and 254/2004.

Although the police may resort to the use of force in order to enforce the law and protect human rights, this does not mean that all use of preventive or repressive force is lawful. On the contrary, the arbitrary use of force and police action that exceeds legal limits constitutes a dangerous phenomenon for a democracy.

Moreover, police conduct must safeguard—not obstruct or undermine—the unhindered exercise of the right of assembly, which is enshrined in Article 11 of the Constitution:

“Greeks shall have the right to assemble peaceably and unarmed.” (Article 11(1)) “The police may be present only at outdoor public assemblies. Outdoor assemblies may be prohibited by a reasoned police authority decision, in general if a serious threat to public security is imminent, and in a specific area, if a serious disturbance of social and economic life is threatened, as specified by law.” (Article 11(2))

Thodoris Chondrogiannos
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